- Title Pages
- Special Dedication
- Table of Cases
- Table of Treaties and Statutes
- List of Abbreviations and General Notes
- 1 Part I—Introduction
- 2 The Wider Moral Issue: Do Consequences or ‘No Go Areas’ Determine What is Ethical in an Extreme Situation?
- 3 Consequentialist Argument for Torturing in a Ticking Bomb Situation
- 4 The Minimal Absolutist Approach I: Anti-absolutism as Morally Untenable
- 5 The Minimal Absolutist Approach II: Arguments for an Absolute Prohibition on Torture
- 6 Part I—Conclusions
- 7 Part II—Introduction
- 8 Is there a ‘Public Morality’ that is Distinct from ‘Private Morality’?
- 9 ‘Slippery Slope’ and Other Dangers
- 10 Part II—Conclusions
- 11 Part III—Introduction
- 12 The Landau Model in Israel
- 13 The ‘Torture Warrants’ Model
- 14 Israel's High Court of Justice Model
- 15 The USA' ‘High Value Detainees’ Model
- 16 Part III—Conclusions
- 17 Part IV—Introduction
- 18 Is it (Internationally) Legal? Is it Torture?
- 19 The ‘Defence of Necessity’ as Legal Grounds for Torture
- 20 Part IV—Conclusions
- 21 Conclusions
- Annex The ‘Ticking Bomb’ Scenario—a Few Examples
- (p.269) 17 Part IV—Introduction
- Why Not Torture Terrorists?
- Oxford University Press
This chapter introduces Part IV, where three issues raised by the discussion of the models in Part III are to be examined. The question of whether or not the interrogation methods used in the US and Israeli models constitute torture under international legal definitions or are even unlawful at all, for instance as ‘cruel, inhuman, or degrading treatment’ is discussed first, followed by an analysis of the ‘defence of necessity’ as a putative basis for exempting torturers in ticking bomb situations from criminal responsibility. This issue will be analysed both in the context of national and international criminal law. Thirdly, in concluding this Part, the applicability of that defence and other ex post mechanisms to the reality of states facing terrorism in the early 21st century will be discussed.
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